BILL NUMBER: SB 366	CHAPTERED  10/10/99

	CHAPTER   735
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 7, 1999
	PASSED THE SENATE   SEPTEMBER 10, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 7, 1999
	AMENDED IN ASSEMBLY   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   JULY 8, 1999
	AMENDED IN ASSEMBLY   JULY 1, 1999
	AMENDED IN SENATE   JUNE 2, 1999
	AMENDED IN SENATE   APRIL 15, 1999

INTRODUCED BY   Senator Alpert
   (Coauthor:  Senator Poochigian)

                        FEBRUARY 11, 1999

   An act to amend Sections 60605, 60640, 60641, 60643, and 60644 of,
to add Sections 60605.5 and 60643.1 to, and to repeal Section 60646
of, the Education Code, and to amend Section 11126 of the Government
Code, relating to pupil testing, and declaring the urgency thereof,
to take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 366, Alpert.  Pupil testing.
   Under the Leroy Greene California Assessment of Academic
Achievement Act, the State Board of Education is required to adopt
statewide performance standards in the core curriculum areas of
reading, writing, and mathematics based on the recommendations made
by a contractor or contractors no later than July 15, 1999.
   This bill would instead provide that the State Board of Education
is required to adopt statewide performance standards in these core
curriculum areas no later than December 31, 1999.
   This bill would require the State Board of Education to adopt a
performance standards system that includes performance levels,
performance level descriptors, test administration data from the
applicable board adopted tests, and exemplars of pupil performance
that exemplify the content and performance standards.  The bill would
require the State Board of Education to ensure that the performance
standards system is aligned to the state's academically rigorous
content standards.
   Existing law requires the State Department of Education and the
publisher of the achievement test that is part of the STAR Program to
make the grade, school, school district, and state results available
on the Internet by June 30 of each year in which the achievement
test is administered.
   This bill would instead require the test publisher to make the
results available to the State Department of Education by July 8 of
each year, require that the individual pupil results also be made
available, and require the State Department of Education to make the
grade, school, school district, and state results available on the
Internet by July 15 of each year in which the achievement test is
administered.
   Under the STAR Program, the State Board of Education is required
to designate a single statewide achievement test in grades 2 to 11,
inclusive.  Existing law authorizes the State Department of Education
to develop a standard agreement, subject to the approval of the
State Board of Education, that all test publishers are required to
use.  Under existing law, to be eligible for consideration, test
publishers are required, among other things, to enter into this
standard agreement with each school district in the state that
includes, among other things, the requirement that the publisher post
a performance bond.
   This bill would instead require the department to develop, and the
State Board of Education to approve, a contract for these purposes.
The bill would recast these provisions to require a test publisher
to enter into the contract with the State Department of Education
instead of with each school district and to require test publishers
to provide valid and reliable individual pupil and aggregate scores
in certain content areas.
   This bill would delete the requirement of a performance bond and
would make conforming changes.
   This bill would exempt these contracts from requirements
applicable to certain public contracts, would prescribe the contents
of the contracts, would expand the law authorizing closed sessions
related to pupil tests, would delete provisions authorizing the State
Board of Education to adopt related regulations, and would make
conforming changes.
   This bill would require the State Board of Education to annually
establish the minimum funding to be apportioned to school districts
and to annually establish the amount per test administered that each
publisher shall be paid pursuant to the contracts.
   This bill would, commencing in the 1999-2000 school year, and each
school year thereafter, and contingent upon a determination by the
Director of Finance that funds are available to make an adjustment to
funds apportioned to school districts for purposes of the testing
program, require the test publisher to make available a reading list
on the Internet, require the reading list to include an index that
correlates ranges of pupil reading scores on the English language
arts portion of the achievement test to titles of materials that
would be suitable for pupils to read in order to improve their
reading skills, and require the test publisher to make available, for
purchase by school districts, a report that provides a numerical
distribution of the reading scores of all pupils in California who
took the test and reading lists that can be distributed to pupils
based on the ranges of scores on the English language arts portion of
the test and the age of the pupil.
   This bill would provide that certain statutory changes made by the
bill do not apply to the 1999 STAR Program and would require the
1999 STAR Program be governed by specified statutes as they existed
on January 1, 1999.
   This bill would incorporate changes in Sections 60641 and 60643 of
the Education Code proposed by AB 144 to be operative only if AB 144
and this bill are both enacted and become effective on or before
January 1, 2000, and this bill is enacted last.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 60605 of the Education Code, as amended by
Chapter 78 of the Statutes of 1999, is amended to read:
   60605.  (a) (1) (A) Not later than January 1, 1998, the State
Board of Education shall adopt statewide academically rigorous
content standards, pursuant to the recommendations of the Commission
for the Establishment of Academic Content and Performance Standards,
in the core curriculum areas of reading, writing, and mathematics to
serve as the basis for assessing the academic achievement of
individual pupils and of schools, school districts, and the
California education system.  Not later than November 1, 1998, the
State Board of Education shall adopt these standards in the core
curriculum areas of history/social science and science.  The
performance standards and the assessments described in subdivision
(c) may be developed concurrently, and shall be based on the content
standards adopted by the board pursuant to this section.
   (B) The board shall adopt statewide performance standards in the
core curriculum areas of reading, writing, mathematics,
history-social science, and science based on the recommendations made
by a contractor or contractors.  By November 15, 2000, the board
shall complete the adoption of the portion of the pupil assessments
described in subdivision (c) in the core curriculum areas of reading,
writing, mathematics, history-social science, and science.
   (C) In specifying timeframes for deliverables in the request for
proposal developed pursuant to subdivision (i), the State Board of
Education shall require the contractor or contractors to submit
performance standards to the board not later than a specified date
that allows sufficient opportunity for the board to conduct regional
hearings prior to the adoption of the performance standards by the
dates specified in subparagraph (B).
   (2) (A) The State Board of Education may modify any proposed
content standards or performance standards prior to adoption and may
adopt content and performance standards in individual core curriculum
areas as those standards are submitted to the board by the
commission or the contractor.  The performance standards shall be
established against specific grade level benchmarks of academic
achievement for each subject area tested and shall be based on the
knowledge and skills that pupils will need in order to succeed in the
information-based, global economy of the 21st century.  These skills
shall not include personal behavioral standards or skills,
including, but not limited to, honesty, sociability, ethics, or
self-esteem.  The standards adopted pursuant to this section shall be
for the purpose of guiding state decisions regarding the
development, adoption, and approval of assessment instruments
pursuant to this chapter and shall not be construed to mandate any
actions or activities by school districts.
   (B) Because these standards are models, the adoption of these
standards is not subject to the Administrative Procedure Act.  This
subparagraph is declaratory of existing law.
   (3) Before adopting academic content and performance standards,
the board shall hold regional hearings for the purpose of giving
parents and other members of the public the opportunity to comment on
the proposed standards.
   (b) (1) The State Board of Education shall require the State
Department of Education to notify publishers of the opportunity to
submit, for consideration by the State Board of Education pursuant to
Section 60642, tests of achievement that include all of the basic
academic skills identified in subdivision (c) of Section 60603 in
grades 2 to 8, inclusive, and the core curriculum areas identified in
subdivision (e) of Section 60603 in grades 9 to 11, inclusive.
   (2) On or before October 31, 1997, the Superintendent of Public
Instruction shall recommend to the State Board of Education which
achievement test to adopt pursuant to subdivision (b) of Section
60642.
   (c) (1) The State Board of Education shall adopt an assessment
instrument that meets the objectives of Section 60602 and that yields
valid, reliable estimates of school performance, school district
performance, and statewide performance of pupils that, in grades 4,
5, 8, and 10, assess basic academic skills and incorporate the use of
direct writing assessment and other assessments of applied academic
skills.
   (2) The State Board of Education shall annually require that each
school district administer the statewide assessment pursuant to this
subdivision to all pupils in grades 4, 5, 8, and 10.  The core
curriculum areas shall be addressed by that assessment.
Notwithstanding any other provision of law, the assessment provided
for under this subdivision shall address, in grade 4, only reading,
written expression, and mathematics, and, in grade 5, only
history/social science and science.  Pupils in a given school shall
be administered a portion of all subjects of the assessment that will
be representative of all the assessment objectives, goals, and
categories of items on the entire assessment in a manner that will
produce results that are valid and reliable at the school and school
district level.  The State Department of Education may provide
assistance to school districts in the implementation of the
assessment established pursuant to this subdivision.
   (3) Nothing in this subdivision shall be construed to prevent the
State Board of Education from developing or adopting an assessment
instrument that also contains assessments of basic academic skills.
   (d) The State Board of Education shall adopt assessments pursuant
to subdivision (c) that are aligned with the statewide content and
performance standards adopted pursuant to subdivision (a).  The State
Board of Education shall not adopt an assessment pursuant to
subdivision (c) for any core curriculum area until the statewide
content standards for that core curriculum area have been adopted by
the board pursuant to subdivision (a).  The State Board of Education
shall not award contracts for the development of performance
standards and assessments pursuant to subdivision (c) for any core
curriculum area until after adoption of statewide content standards
for that core curriculum area.
   (e) After  adopting statewide content standards, the State Board
of Education shall review the achievement test designated pursuant to
Section 60642 for conformance with these statewide standards.
   (f) After  adopting statewide content and performance standards,
the State Board of Education shall review the existing curriculum
frameworks for conformity with the new statewide standards and shall
modify the curriculum frameworks where appropriate to bring them into
alignment with the standards.
   (g) The State Board of Education shall adopt regulations for the
conduct and administration of the testing and assessment program.
   (h) The State Board of Education shall adopt a regulation for
minimum security procedures that test and assessment publishers and
school districts must follow to ensure the security and integrity of
test and assessment questions and materials.
   (i) Following consideration of recommendations of the
Superintendent of Public Instruction, the State Board of Education
shall award a contract or contracts to develop performance standards
pursuant to subdivision (a) and instruments to be used for the
purposes of subdivision (c), according to competitive bidding
procedures.
   (1) As part of this process, the board may convene an advisory
panel composed of nationally recognized experts in pupil assessment.
Two members of the panel shall be selected from a list of at least
10 nominees of the Superintendent of Public Instruction.  This panel,
if convened, shall assist the board and the Superintendent of Public
Instruction in the preparation of the request or requests for
proposals to develop performance standards and instruments for use as
assessments of applied academic skills and in the review and rating
of proposals that are submitted.  The panel shall also assist the
board and the Superintendent of Public Instruction in determining
methods of ensuring that the achievement test designated pursuant to
Section 60642 meets the requirements of Section 60644.  The State
Department of Education shall provide any necessary staff support for
the work of the advisory committee.
   (2) Any contractor to whom a contract is awarded pursuant to this
subdivision shall assure that parents, classroom teachers,
administrators, school district governing board members, and the
general public are actively involved in the development of any
assessment instruments.
   (3) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution,
appropriations made for the payment of contracts awarded pursuant to
this subdivision shall be deemed to be "General Fund revenues
appropriated for school districts," as defined in subdivision (c) of
Section 41202, for the applicable fiscal year, and included within
the "total allocations to school districts and community college
districts from General Fund proceeds of taxes appropriated pursuant
to Article XIIIB," as defined in subdivision (e) of Section 41202,
for that fiscal year.
   (j) (1) Not less than 60 days before  adopting the statewide pupil
assessment pursuant to subdivision (c), the State Board of Education
shall make the proposed assessment available for inspection by the
public.  The board shall adopt any proposed amendments or
modifications to the assessment before this public inspection period
so that the materials available for inspection are the same materials
that the board shall consider for final adoption.  This provision
applies to subsequent amendments or modifications of the examination
in addition to the initial adoption.  The proposed assessment shall
be available for inspection by the public for a reasonable period of
time.
   (2) The assessment adopted pursuant to subdivision (c) shall be
available for inspection at each county superintendent of schools'
office and within each school district at a centrally located site
selected by the governing board of each school district.  The
governing board may also make the assessment available for public
inspection at other locations within the school district.  An
assessment may not be copied or taken from the inspection site.
  SEC. 2.  Section 60605.5 is added to the Education Code, to read:
   60605.5.  (a) On or before November 15, 2001, the State Board of
Education shall adopt a performance standards system that includes
the following components:
   (1) Performance levels.
   (2) Performance level descriptors.
   (3) Test administration data from the applicable State Board of
Education adopted tests.
   (4) Exemplars of pupil performance that exemplify the content and
performance standards.
   (b)  The State Board of Education shall ensure that the
performance standards system is aligned to the state's academically
rigorous content standards.
  SEC. 3.  Section 60640 of the Education Code, as amended by Chapter
78 of the Statutes of 1999, is amended to read:
   60640.  (a) There is hereby established the Standardized Testing
and Reporting Program, to be known as the STAR Program.
   (b) Commencing in the 1997-98 fiscal year and each fiscal year
thereafter, and from the funds available for that purpose, each
school district, charter school, and county office of education shall
administer to each of its pupils in grades 2 to 11, inclusive,
before May 15, the achievement test designated by the State Board of
Education pursuant to Section 60642.
   (c) The publisher and the school district shall provide two makeup
days for the testing of previously absent pupils no later than May
25.
   (d) The governing board of the school district may administer
achievement tests in kindergarten, and grade 1 or 12, or both, as it
deems appropriate.
   (e) Individuals with exceptional needs who have an explicit
provision in their individualized education program that exempts them
from the testing requirement of subdivision (b) shall be so exempt.

   (f) At the school district's option, pupils of limited English
proficiency who are enrolled in any of grades 2 to 11, inclusive, may
take a second achievement test in their primary language.  Primary
language tests administered pursuant to this subdivision and
subdivision (g) shall be subject to the requirements of subdivisions
(b), (c), (d), and (e) of Section 60641.  These primary language
tests shall produce individual pupil scores that are valid and
reliable.  Notwithstanding any other provision of law, the State
Board of Education shall designate for use, as part of this program,
a single primary language test in each language for which such a test
is available for grades 2 to 11, inclusive, no later than November
14, 1998, pursuant to the process used for designation of the
assessment chosen in the 1997-98 fiscal year, as specified in Section
60642 and 60643, as applicable.
   (g) Pupils of limited English proficiency who are enrolled in any
of grades 2 to 11, inclusive, shall be required to take a test in
their primary language if such a test is available, if fewer than 12
months have elapsed after their initial enrollment in any public
school in the state.
   (h) (1) The Superintendent of Public Instruction shall apportion
funds to school districts to enable school districts to meet the
requirements of subdivisions (b), (f), and (g).
   (2) The State Board of Education shall annually establish the
amount of funding to be apportioned to school districts for each test
administered and shall annually establish the amount that each
publisher shall be paid for each test administered under the
agreements required pursuant to Section 60643.  The amounts to be
paid to the publishers shall be determined by considering the cost
estimates submitted by each publisher each September and the amount
included in the Budget Act and by making allowance for the estimated
costs to school districts for compliance with the requirements of
subdivisions (b), (f), and (g).
   (3) An adjustment to the amount of funding to be apportioned per
test may not be valid without the approval of the Director of
Finance.  A request for approval of an adjustment to the amount of
funding to be apportioned per test shall be submitted in writing to
the Director of Finance and the chairpersons of the fiscal committees
of both houses of the Legislature with accompanying material
justifying the proposed adjustment.  The Director of Finance is
authorized to approve only those adjustments related to activities
required by statute.  The Director of Finance shall approve or
disapprove the amount within 30 days of receipt of the request and
shall notify the chairpersons of the fiscal committees of both houses
of the Legislature of the decision.
   (i) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriation for the apportionments made pursuant to paragraph (1)
of subdivision (h), and the payments made to the publishers under the
contract required pursuant to Section 60643 between the State
Department of Education and the publisher, shall be deemed to be
"General Fund revenues appropriated for school districts," as defined
in subdivision (c) of Section 41202 of the Education Code, for the
applicable fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIIIB," as defined
in subdivision (e) of Section 41202 of the Education Code, for that
fiscal year.
   (j) As a condition to receiving an apportionment pursuant to
subdivision (h), a school district shall report to the superintendent
all of the following:
   (1) The number of pupils enrolled in the school district in grades
2 to 11, inclusive.
   (2) The number of pupils to whom an achievement test was
administered in grades 2 to 11, inclusive, in the school district.
   (3) The number of pupils in paragraph (1) who were exempted from
the test pursuant to subdivision (e) of Section 60640.
   (4) The number of pupils in paragraph (1) who were exempted from
the test at the request of their parents or guardians.
  SEC. 4.  Section 60641 of the Education Code is amended to read:
   60641.  The State Department of Education shall ensure that school
districts comply with each of the following requirements:
   (a) The achievement test designated pursuant to Section 60642 is
scheduled to be administered to all pupils during the period
prescribed in subdivision (b) of Section 60640.
   (b) The individual results of each pupil test administered
pursuant to Section 60640 shall be reported, in writing, to the pupil'
s parent or guardian.  The written report shall include a clear
explanation of the purpose of the test, the pupil's score, and its
intended use by the school district.  Nothing in this subdivision
shall be construed to require teachers to prepare individualized
explanations of each pupil's test score.
   (c) The individual results of each pupil test administered
pursuant to Section 60640 shall also be reported to the pupil's
school and teachers.  The school district shall include the pupil's
test results in his or her pupil records.  However, except as
provided in this section, individual pupil test results may only be
released with the permission of the pupil's parent or guardian.
   (d) The districtwide, school-level, and grade-level results of the
STAR Program in each of the grades designated pursuant to Section
60640, but not the score or relative position of any individually
ascertainable pupil, shall be reported to the governing board of the
school district at a regularly scheduled meeting, and the countywide,
school-level, and grade-level results for classes and programs under
the jurisdiction of the county office of education shall be
similarly reported to the county board of education at a regularly
scheduled meeting.  These results shall be reported at the same
meeting at which the results of the assessments of applied academic
skills are reported pursuant to Section 60609, when those assessments
are implemented.
   (e) The publisher designated pursuant to Section 60642 shall make
the individual pupil, grade, school, school district, and state
results available to the State Department of Education pursuant to
paragraph (8) of subdivision (a) of Section 60643 by July 8 of each
year in which the achievement test is administered.  The State
Department of Education shall make the grade, school, school
district, and state results available on the Internet by July 15 of
each year in which the achievement test is administered.
  SEC. 4.5.  Section 60641 of the Education Code is amended to read:

   60641.  The State Department of Education shall ensure that school
districts comply with each of the following requirements:
   (a) The achievement test designated pursuant to Section 60642 is
scheduled to be administered to all pupils during the period
prescribed in subdivision (b) of Section 60640.
   (b) The individual results of each pupil test administered
pursuant to Section 60640 shall be reported, in writing, to the pupil'
s parent or guardian.  The written report shall include a clear
explanation of the purpose of the test, the pupil's score, and its
intended use by the school district.  Nothing in this subdivision
shall be construed to require teachers to prepare individualized
explanations of each pupil's test score.
   (c) The individual results of each pupil test administered
pursuant to Section 60640 shall also be reported to the pupil's
school and teachers.  The school district shall include the pupil's
test results in his or her pupil records.  However, except as
provided in this section, individual pupil test results may only be
released with the permission of the pupil's parent or guardian.
   (d) (1) (A) Except as provided in subparagraph (B), the
districtwide, school-level, and grade-level results of the STAR
Program in each of the grades designated pursuant to Section 60640,
but not the score or relative position of any individually
ascertainable pupil, shall be reported to the governing board of the
school district at a regularly scheduled meeting.
   (B) The scores of pupils with limited-English-proficient status
who have been enrolled in the school district for fewer than 12
months shall not be included in the districtwide, school-level, or
grade-level results of the STAR program.
   (2) The countywide, school-level, and grade-level results for
classes and programs under the jurisdiction of the county office of
education shall be similarly reported to the county board of
education at a regularly scheduled meeting.
   (3) The results described in this subdivision shall be reported at
the same meeting at which the results of the assessments of applied
academic skills are reported pursuant to Section 60609, when those
assessments are implemented.
   (e) The publisher designated pursuant to Section 60642 shall make
the individual pupil, grade, school, school district, and state
results available to the State Department of Education pursuant to
paragraph (8) of subdivision (a) of Section 60643 by July 8 of each
year in which the achievement test is administered.  The State
Department of Education shall make the grade, school, school
district, and state results available on the Internet by July 15 of
each year in which the achievement test is administered.
  SEC. 5.  Section 60643 of the Education Code, as amended by Chapter
78 of the Statutes of 1999, is amended to read:
   60643.  (a) To be eligible for consideration under Section 60642
by the State Board of Education, test publishers shall agree in
writing each year to meet the following requirements, if selected:
   (1) Enter into an agreement, pursuant to subdivision (e), with the
State Department of Education by November 15, for the 1999-2000
school year, or by October 15, for any school year thereafter.
   (2) Align the achievement test to the academically rigorous
content and performance standards adopted by the State Board of
Education.
   (3) Comply with subdivisions (c) and (d) of Section 60645.
   (4) Provide valid and reliable individual pupil scores only in the
content areas specified in subdivision (c) of Section 60642 to
parents or guardians, teachers, and school administrators.
   (5) Provide valid and reliable aggregate scores only in the
content areas specified in subdivision (c) of Section 60642 to school
districts and county boards of education in all of the following
forms and formats:
   (A) Grade level.
   (B) School level.
   (C) District level.
   (D) Countywide.
   (E) Statewide.
   (F) Comparison of statewide scores relative to other states.
   (6) Provide disaggregated scores, based on
limited-English-proficient status and non-limited-English-proficient
status.  For purposes of this section, pupils with
"non-limited-English-proficient status" shall include the total of
those pupils who are English-only pupils, fluent-English-proficient
pupils, and redesignated fluent-English-proficient pupils.  These
scores shall be provided to school districts and county boards of
education in the same form and formats listed in paragraph  (5).
   (7) Provide disaggregated scores by pupil gender and provide
disaggregated scores based on whether pupils are economically
disadvantaged or not.  These disaggregated scores shall be in the
same form and formats as listed in paragraph  (5).  In any one year,
the disaggregation shall entail information already being collected
by school districts, county offices of education, or charter schools.

   (8) Provide disaggregated scores for pupils who have
individualized education programs and have enrolled in special
education, to the extent required by federal law.  These scores shall
be provided in the same forms and formats listed in paragraph  (5).
This section may not be construed to exclude the scores of special
education pupils from any state or federal accountability system.
   (9) Provide information listed in paragraphs (5), (6), (7), and
(8) to the State Board of Education and the State Department of
Education in the medium requested by each entity, respectively, by
the date set forth in subdivision (e) of Section 60641.
   (b) It is the intent of the Legislature that the publisher work
with the Superintendent of Public Instruction and the State Board of
Education in developing a methodology to disaggregate statewide
scores as required in paragraphs  (6) and  (7) of subdivision (a),
and in determining which variable indicated on the STAR testing
document shall serve as a proxy for "economically disadvantaged"
status pursuant to paragraph  (7).
   (c) Access to any information about individual pupils or their
families shall be granted to the publisher only for purposes of
correctly associating test results with the pupils who produced those
results or for reporting and disaggregating test results as required
by this section.  School districts are prohibited from excluding a
pupil from the test if a parent or parents decline to disclose
income.  Nothing in this chapter shall be construed to abridge or
deny rights to confidentiality contained in the Family Educational
Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g) or other
applicable provisions of state and federal law that protect the
confidentiality of information collected by educational institutions.

   (d) Notwithstanding any other provision of law, the publisher of
the achievement test designated pursuant to Section 60642 shall
comply with all of the conditions and requirements enumerated in
subdivision (a) to the satisfaction of the State Board of Education.

   (e) (1)  Commencing January 1, 2000, a publisher may not provide a
test described in Section 60642 or in subdivision (f) of Section
60640 for use in California public schools unless the publisher
enters into a written contract with the State Department of Education
as set forth in this subdivision.
   (2) The State Department of Education shall develop, and the State
Board of Education shall approve, a contract to be entered into with
a publisher pursuant to paragraph (1).  The department may develop
the contract through negotiations with the publisher.
   (3) For purposes of the contract authorized pursuant to this
subdivision, the State Department of Education is exempt from the
requirements of Part 2 (commencing with Section 10100) of Division 2
of the Public Contract Code and from the requirements of Article 6
(commencing with Section 999) of Chapter 6 of Division 4 of the
Military and Veterans Code.
                  (4) The contract shall include provisions for
progress payments to the publisher for work performed or costs
incurred in the performance of the contract.  Not less than 10
percent of the amount budgeted for each separate and distinct
component task provided for in each contract shall be withheld
pending final completion of all component tasks by that publisher.
The total amount withheld pending final completion shall not exceed
10 percent of the total contract price.
   (5) The contract shall require liquidated damages to be paid by
the publisher in the amount of up to 10 percent of the total cost of
any component task that the publisher through its own fault or that
of its subcontractors fails to substantially perform by the date
specified in the agreement.
   (6) The contract shall establish the process and criteria by which
the successful completion of each component task shall be
recommended by the State Department of Education and approved by the
State Board of Education.
   (7) The publishers shall submit, as part of the contract
negotiation process, a proposed budget and invoice schedule, that
includes a detailed listing of the costs for each component task and
the expected date of the invoice for each completed component task.
   (8) The costs associated with item development shall be provided
as a separate amount and shall not be amortized across the number of
tests to be administered.
   (9) The contract shall specify the following component tasks that
are separate and distinct:
   (A) Development of new tests or test items as required by
paragraph (3) of subdivision (a).
   (B) Test materials production or publication.
   (C) Delivery of test materials to school districts.
   (D) Test processing, scoring, and analyses.
   (E) Reporting of test results to the school districts, including,
but not limited to, all reports specified in this section.
   (F) Reporting of test results to the State Department of
Education, including, but not limited to, the electronic files
required pursuant to this section.
   (G) All other analyses or reports required by the Superintendent
of Public Instruction to meet the requirements of state and federal
law and set forth in the agreement.
   (10) The contract shall specify the specific reports and data
files that are to be provided to school districts by the publisher
and the number of copies of each report or file to be provided.
   (11) The contract shall specify the means by which the delivery
date for materials to each school district shall be verified by the
publisher and the school district.
   (12) School districts may negotiate a separate agreement with the
publisher for any additional materials or services not within the
contract specified in this subdivision, including, but not limited
to, the administration of the tests to pupils in grade levels other
than grades 2 to 11, inclusive.  Any separate agreement is not within
the scope of the contract specified in this subdivision.
  SEC. 5.5.  Section 60643 of the Education Code, as amended by
Chapter 78 of the Statutes of 1999, is amended to read:
   60643.  (a) To be eligible for consideration under Section 60642
by the State Board of Education, test publishers shall agree in
writing each year to meet the following requirements, if selected:
   (1) Enter into an agreement, pursuant to subdivision (e), with the
State Department of Education by November 15, for the 1999-2000
school year, or by October 15, for any school year thereafter.
   (2) Align the achievement test to the academically rigorous
content and performance standards adopted by the State Board of
Education.
   (3) Comply with subdivisions (c) and (d) of Section 60645.
   (4) Provide valid and reliable individual pupil scores only in the
content areas specified in subdivision (c) of Section 60642 to
parents or guardians, teachers, and school administrators.
   (5) Provide valid and reliable aggregate scores only in the
content areas specified in subdivision (c) of Section 60642 to school
districts and county boards of education in all of the following
forms and formats:
   (A) Grade level.
   (B) School level.
   (C) District level.
   (D) Countywide.
   (E) Statewide.
   (F) Comparison of statewide scores relative to other states.
   (6) Provide disaggregated scores, based on
limited-English-proficient status and non-limited-English-proficient
status.  Scores of pupils with a limited-English-proficient status
should be further disaggregated, based on whether those pupils have
been enrolled in the school district for fewer than 12 months.  For
purposes of this section, pupils with "non-limited-English-proficient
status" shall include the total of those pupils who are English-only
pupils, fluent-English-proficient pupils, and redesignated
fluent-English-proficient pupils.  These scores shall be provided to
school districts and county boards of education in the same form and
formats listed in paragraph (5).
   (7) Provide disaggregated scores by pupil gender and provide
disaggregated scores based on whether pupils are economically
disadvantaged or not.  These disaggregated scores shall be in the
same form and formats as listed in paragraph (5).  In any one year,
the disaggregation shall entail information already being collected
by school districts, county offices of education, or charter schools.

   (8) Provide disaggregated scores for pupils who have
individualized education programs and have enrolled in special
education, to the extent required by federal law.  These scores shall
be provided in the same forms and formats listed in paragraph (5).
This section may not be construed to exclude the scores of special
education pupils from any state or federal accountability system.
   (9) Provide information listed in paragraphs (5), (6), (7), and
(8) to the State Board of Education and to the State Department of
Education in the medium requested by each entity, respectively, by
the date set forth in subdivision (e) of Section 60641.
   (b) It is the intent of the Legislature that the publisher work
with the Superintendent of Public Instruction and the State Board of
Education in developing a methodology to disaggregate statewide
scores as required in paragraphs (6) and (7) of subdivision (a), and
in determining which variable indicated on the STAR testing document
shall serve as a proxy for "economically disadvantaged" status
pursuant to paragraph (7).
   (c) Access to any information about individual pupils or their
families shall be granted to the publisher only for purposes of
correctly associating test results with the pupils who produced those
results or for reporting and disaggregating test results as required
by this section.  School districts are prohibited from excluding a
pupil from the test if a parent or parents decline to disclose
income.  Nothing in this chapter shall be construed to abridge or
deny rights to confidentiality contained in the Family Educational
Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g) or other
applicable provisions of state and federal law that protect the
confidentiality of information collected by educational institutions.

   (d) Notwithstanding any other provision of law, the publisher of
the achievement test designated pursuant to Section 60642 shall
comply with all of the conditions and requirements enumerated in
subdivision (a) to the satisfaction of the State Board of Education.

   (e) (1)  Commencing January 1, 2000, a publisher may not provide a
test described in Section 60642 or in subdivision (f) of Section
60640 for use in California public schools unless the publisher
enters into a written contract with the State Department of Education
as set forth in this subdivision.
   (2) The State Department of Education shall develop, and the State
Board of Education shall approve, a contract to be entered into with
a publisher pursuant to paragraph (1).  The department may develop
the contract through negotiations with the publisher.
   (3) For purposes of the contract authorized pursuant to this
subdivision, the State Department of Education is exempt from the
requirements of Part 2 (commencing with Section 10100) of Division 2
of the Public Contract Code and from the requirements of Article 6
(commencing with Section 999) of Chapter 6 of Division 4 of the
Military and Veterans Code.
   (4) The contract shall include provisions for progress payments to
the publisher for work performed or costs incurred in the
performance of the contract.  Not less than 10 percent of the amount
budgeted for each separate and distinct component task provided for
in each contract shall be withheld pending final completion of all
component tasks by that publisher.  The total amount withheld pending
final completion shall not exceed 10 percent of the total contract
price.
   (5) The contract shall require liquidated damages to be paid by
the publisher in the amount of up to 10 percent of the total cost of
any component task that the publisher through its own fault or that
of its subcontractors fails to substantially perform by the date
specified in the agreement.
   (6) The contract shall establish the process and criteria by which
the successful completion of each component task shall be
recommended by the State Department of Education and approved by the
State Board of Education.
   (7) The publishers shall submit, as part of the contract
negotiation process, a proposed budget and invoice schedule that
includes a detailed listing of the costs for each component task and
the expected date of the invoice for each completed component task.
   (8) The costs associated with item development shall be provided
as a separate amount and shall not be amortized across the number of
tests to be administered.
   (9) The contract shall specify the following component tasks that
are separate and distinct:
   (A) Development of new tests or test items as required by
paragraph (3) of subdivision (a).
   (B) Test materials production or publication.
   (C) Delivery of test materials to school districts.
   (D) Test processing, scoring, and analyses.
   (E) Reporting of test results to the school districts, including,
but not limited to, all reports specified in this section.
   (F) Reporting of test results to the State Department of
Education, including, but not limited to, the electronic files
required pursuant to this section.
   (G) All other analyses or reports required by the Superintendent
of Public Instruction to meet the requirements of state and federal
law and set forth in the agreement.
   (10) The contract shall specify the specific reports and data
files that are to be provided to school districts by the publisher
and the number of copies of each report or file to be provided.
   (11) The contract shall specify the means by which the delivery
date for materials to each school district shall be verified by the
publisher and the school district.
   (12) School districts may negotiate a separate agreement with the
publisher for any additional materials or services not within the
agreement specified in this subdivision, including, but not limited
to, the administration of the tests to pupils in grade levels other
than grades 2 to 11, inclusive.  Any separate agreement is not within
the scope of the contract specified in this subdivision.
  SEC. 6.  Section 60643.1 is added to the Education Code, to read:
   60643.1.  (a) (1) Commencing in the 1999-2000 school year, and
each school year thereafter, the test publisher designated by the
State Board of Education pursuant to Section 60643 shall make
available a reading list on the Internet by June 1.  The reading list
shall include an index that correlates ranges of pupil reading
scores on the English language arts portion of the achievement test
administered pursuant to subdivision (b) of Section 60640 to titles
of materials that would be suitable for pupils in each of grades 2 to
11, inclusive, to read in order to improve their reading skills.
This reading list shall include titles of books that allow a pupil to
practice reading at his or her current reading level and that will
assist the pupil in achieving a higher level of proficiency.  To the
extent possible, the index shall also include information related to
the subject matter of each title.  At a minimum, the reading list
shall also categorize titles by subject matter and identify
age-appropriate distinctions in the list.
   (2) Commencing in the 1999-2000 school year, and each school year
thereafter, the test publisher shall make available, for purchase by
school districts, a report that provides a numerical distribution of
the reading scores of all pupils in California who took the
achievement test administered pursuant to subdivision (b) of Section
60640.
   (3) Commencing in the 1999-2000 school year, and each school year
thereafter, the test publisher shall make available, for purchase by
school districts, reading lists that can be distributed to pupils
based on a pupil's age and the ranges of scores on the English
language arts portion of the achievement test administered pursuant
to subdivision (b) of Section 60640.
   (4) The requirements of this subdivision shall only become
operative upon a determination by the Director of Finance that funds
are available to make an adjustment pursuant to subdivision (h) of
Section 60640.
   (b) The State Board of Education and the Superintendent of Public
Instruction shall jointly certify that the process used by the
publisher to determine the reading levels of the corresponding
reading list pursuant to paragraph (1) of subdivision (a) meets the
following criteria:
   (1) The process is educationally valid.
   (2) The process results in a reading list for each reading span
that provides titles at the pupil's current reading level and the
next higher level for challenging practice.
   (3) The process results in a selection from the universe of titles
from the list developed pursuant to subdivision (d) that matches
each reading level.
   (4) The process is unbiased in the selection of publishers' titles
from the legal compliance list.
   (c) The titles listed at each reading level range posted on the
Internet and the reading lists made available to school districts
pursuant to subdivision (a) shall, at a minimum, include all relevant
literature materials approved as of September 1, 1999, as being
legally compliant pursuant to Article 3 (commencing with Section
60040) of Chapter 1, and the titles listed in all of the content area
reading and literature lists that are developed and published by the
State Department of Education and that have been determined by the
department to meet the relevant reading level as certified pursuant
to subdivision (b).
   (d) By imposing the requirements of this section on publishers, it
is not the intent of the Legislature to unfairly disadvantage any
publisher who has otherwise met the requirements of this section or
of Article 3 (commencing with Section 60040) of Chapter 1 of Part 33.

  SEC. 7.  Section 60644 of the Education Code is amended to read:
   60644.  In designating an achievement test pursuant to Section
60642, the State Board of Education shall adopt only a nationally
normed test and shall consider each of the following criteria:
   (a) Ability of the publisher to produce valid, reliable individual
pupil scores.
   (b) Quality and age of empirical data supporting national norm
referenced data analysis of the proposed assessment.
   (c) Ability to report results pursuant to the provisions of
paragraphs (4) to (7), inclusive, of subdivision (a) of Section 60643
by July 8.
   (d) Ability to report results that permit comparability between
data from school districts' previous administration of standardized
achievement tests, if feasible.
   (e) Ability to provide results comparable with data from the 1998
benchmark year and administrations in subsequent years with the grade
level competencies established pursuant to the academically rigorous
content and performance standards adopted by the State Board of
Education pursuant to Section 60605.
   (f) (1) Ability to align the achievement test with academically
rigorous content and performance standards as those standards are
adopted by the State Board of Education.  It is the intent of the
Legislature that, to the extent feasible, the nationally-normed test
shall be augmented with items that assess the specific grade-level
content standards and produce valid and reliable scores for pupils
achievement for each of the State Board of Education designated
performance standards adopted by the State Board of Education
pursuant to subdivision (a) of Section 60605.
   (2) Until the State Board of Education adopts academically
rigorous content standards, the test shall be consistent with Section
60200.4, reasonably aligned with the state curriculum frameworks,
and substantively aligned with the program advisories jointly adopted
by the Superintendent of Public Instruction, the State Board of
Education, and the Commission on Teacher Credentialing in 1996.
   (g) Per-pupil cost estimates of administering the proposed
assessment.
   (h) The publisher's procedure for ensuring the security and
integrity of test questions and materials.
   (i) Experience in the successful conduct of testing programs
adopted and administered by other states.  For experience to be
considered, the number of grades and pupils tested shall be provided.

  SEC. 8.  Section 60646 of the Education Code is repealed.
  SEC. 9.  Section 11126 of the Government Code is amended to read:
   11126.  (a) (1) Nothing in this article shall be construed to
prevent a state body from holding closed sessions during a regular or
special meeting to consider the appointment, employment, evaluation
of performance, or dismissal of a public employee or to hear
complaints or charges brought against that employee by another person
or employee unless the employee requests a public hearing.
   (2) As a condition to holding a closed session on the complaints
or charges to consider disciplinary action or to consider dismissal,
the employee shall be given written notice of his or her right to
have a public hearing, rather than a closed session, and that notice
shall be delivered to the employee personally or by mail at least 24
hours before the time for holding a regular or special meeting.  If
notice is not given, any disciplinary or other action taken against
any employee at the closed session shall be null and void.
   (3) The state body also may exclude from any public or closed
session, during the examination of a witness, any or all other
witnesses in the matter being investigated by the state body.
   (4) Following the public hearing or closed session, the body may
deliberate on the decision to be reached in a closed session.
   (b) For the purposes of this section, "employee" shall not include
any person who is elected to, or appointed to a public office by,
any state body.  However, officers of the California State University
who receive compensation for their services, other than per diem and
ordinary and necessary expenses, shall, when engaged in that
capacity, be considered employees.  Furthermore, for purposes of this
section, the term employee shall include a person exempt from civil
service pursuant to subdivision (e) of Section 4 of Article VII of
the California Constitution.
   (c) Nothing in this article shall be construed to do any of the
following:
   (1) Prevent state bodies that administer the licensing of persons
engaging in businesses or professions from holding closed sessions to
prepare, approve, grade, or administer examinations.
   (2) Prevent an advisory body of a state body that administers the
licensing of persons engaged in businesses or professions from
conducting a closed session to discuss matters that the advisory body
has found would constitute an unwarranted invasion of the privacy of
an individual licensee or applicant if discussed in an open meeting,
provided the advisory body does not include a quorum of the members
of the state body it advises.  Those matters may include review of an
applicant's qualifications for licensure and an inquiry specifically
related to the state body's enforcement program concerning an
individual licensee or applicant where the inquiry occurs prior to
the filing of a civil, criminal, or administrative disciplinary
action against the licensee or applicant by the state body.
   (3) Prohibit a state body from holding a closed session to
deliberate on a decision to be reached in a proceeding required to be
conducted pursuant to Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 or similar provisions of law.
   (4) Grant a right to enter any correctional institution or the
grounds of a correctional institution where that right is not
otherwise granted by law, nor shall anything in this article be
construed to prevent a state body from holding a closed session when
considering and acting upon the determination of a term, parole, or
release of any individual or other disposition of an individual case,
or if public disclosure of the subjects under discussion or
consideration is expressly prohibited by statute.
   (5) Prevent any closed session to consider the conferring of
honorary degrees, or gifts, donations, and bequests that the donor or
proposed donor has requested in writing to be kept confidential.
   (6) Prevent the Alcoholic Beverage Control Appeals Board from
holding a closed session for the purpose of holding a deliberative
conference as provided in Section 11125.
   (7) (A) Prevent a state body from holding closed sessions with its
negotiator prior to the purchase, sale, exchange, or lease of real
property by or for the state body to give instructions to its
negotiator regarding the price and terms of payment for the purchase,
sale, exchange, or lease.
   (B) However, prior to the closed session, the state body shall
hold an open and public session in which it identifies the real
property or real properties that the negotiations may concern and the
person or persons with whom its negotiator may negotiate.
   (C) For purposes of this paragraph, the negotiator may be a member
of the state body.
   (D) For purposes of this paragraph, "lease" includes renewal or
renegotiation of a lease.
   (E) Nothing in this paragraph shall preclude a state body from
holding a closed session for discussions regarding eminent domain
proceedings pursuant to subdivision (e).
   (8) Prevent the California Postsecondary Education Commission from
holding closed sessions to consider matters pertaining to the
appointment or termination of the Director of the California
Postsecondary Education Commission.
   (9) Prevent the Council for Private Postsecondary and Vocational
Education from holding closed sessions to consider matters pertaining
to the appointment or termination of the Executive Director of the
Council for Private Postsecondary and Vocational Education.
   (10) Prevent the Franchise Tax Board from holding closed sessions
for the purpose of discussion of confidential tax returns or
information the public disclosure of which is prohibited by law, or
from considering matters pertaining to the appointment or removal of
the Executive Officer of the Franchise Tax Board.
   (11) Require the Franchise Tax Board to notice or disclose any
confidential tax information considered in closed sessions, or
documents executed in connection therewith, the public disclosure of
which is prohibited pursuant to Article 2 (commencing with Section
19542) of Chapter 7 of Part 10.2 of the Revenue and Taxation Code.
   (12) Prevent the Board of Corrections from holding closed sessions
when considering reports of crime conditions under Section 6027 of
the Penal Code.
   (13) Prevent the State Air Resources Board from holding closed
sessions when considering the proprietary specifications and
performance data of manufacturers.
   (14) Prevent the State Board of Education or the Superintendent of
Public Instruction, or any committee advising the board or the
superintendent, from holding closed sessions on those portions of its
review of assessment instruments pursuant to Chapter 5 (commencing
with Section 60600) of, or pursuant to Chapter 8 (commencing with
Section 60850) of, Part 33 of the Education Code during which actual
test content is reviewed and discussed.  The purpose of this
provision is to maintain the confidentiality of the assessments under
review.
   (15) Prevent the California Integrated Waste Management Board or
its auxiliary committees from holding closed sessions for the purpose
of discussing confidential tax returns, discussing trade secrets or
confidential or proprietary information in its possession, or
discussing other data, the public disclosure of which is prohibited
by law.
   (16) Prevent a state body that invests retirement, pension, or
endowment funds from holding closed sessions when considering
investment decisions.  For purposes of consideration of shareholder
voting on corporate stocks held by the state body, closed sessions
for the purposes of voting may be held only with respect to election
of corporate directors, election of independent auditors, and other
financial issues that could have a material effect on the net income
of the corporation.  For the purpose of real property investment
decisions that may be considered in a closed session pursuant to this
paragraph, a state body shall also be exempt from the provisions of
paragraph (7) relating to the identification of real properties prior
to the closed session.
   (17) Prevent a state body, or boards, commissions, administrative
officers, or other representatives that may properly be designated by
law or by a state body, from holding closed sessions with its
representatives in discharging its responsibilities under Chapter 10
(commencing with Section 3500) of Division 4 of Title 1 as the
sessions relate to salaries, salary schedules, or compensation paid
in the form of fringe benefits.  For the purposes enumerated in the
preceding sentence, a state body may also meet with a state
conciliator who has intervened in the proceedings.
   (d) (1) Notwithstanding any other provision of law, any meeting of
the Public Utilities Commission at which the rates of entities under
the commission's jurisdiction are changed shall be open and public.

   (2) Nothing in this article shall be construed to prevent the
Public Utilities Commission from holding closed sessions to
deliberate on the institution of proceedings, or disciplinary actions
against any person or entity under the jurisdiction of the
commission.
                                    (e) (1) Nothing in this article
shall be construed to prevent a state body, based on the advice of
its legal counsel, from holding a closed session to confer with, or
receive advice from, its legal counsel regarding pending litigation
when discussion in open session concerning those matters would
prejudice the position of the state body in the litigation.
   (2) For purposes of this article, all expressions of the
lawyer-client privilege other than those provided in this subdivision
are hereby abrogated.  This subdivision is the exclusive expression
of the lawyer-client privilege for purposes of conducting closed
session meetings pursuant to this article.  For purposes of this
subdivision, litigation shall be considered pending when any of the
following circumstances exist:
   (A) An adjudicatory proceeding before a court, an administrative
body exercising its adjudicatory authority, a hearing officer, or an
arbitrator, to which the state body is a party, has been initiated
formally.
   (B) (i) A point has been reached where, in the opinion of the
state body on the advice of its legal counsel, based on existing
facts and circumstances, there is a significant exposure to
litigation against the state body.
   (ii) Based on existing facts and circumstances, the state body is
meeting only to decide whether a closed session is authorized
pursuant to clause (i).
   (C) (i) Based on existing facts and circumstances, the state body
has decided to initiate or is deciding whether to initiate
litigation.
   (ii) The legal counsel of the state body shall prepare and submit
to it a memorandum stating the specific reasons and legal authority
for the closed session.  If the closed session is pursuant to
paragraph (1), the memorandum shall include the title of the
litigation.  If the closed session is pursuant to subparagraph (A) or
(B), the memorandum shall include the existing facts and
circumstances on which it is based.  The legal counsel shall submit
the memorandum to the state body prior to the closed session, if
feasible, and in any case no later than one week after the closed
session.  The memorandum shall be exempt from disclosure pursuant to
Section 6254.25.
   (iii) For purposes of this subdivision, "litigation" includes any
adjudicatory proceeding, including eminent domain, before a court,
administrative body exercising its adjudicatory authority, hearing
officer, or arbitrator.
   (iv) Disclosure of a memorandum required under this subdivision
shall not be deemed as a waiver of the lawyer-client privilege, as
provided for under Article 3 (commencing with Section 950) of Chapter
4 of Division 8 of the Evidence Code.
   (f) In addition to subdivisions (a), (b), and (c), nothing in this
article shall be construed to do any of the following:
   (1) Prevent a state body operating under a joint powers agreement
for insurance pooling from holding a closed session to discuss a
claim for the payment of tort liability or public liability losses
incurred by the state body or any member agency under the joint
powers agreement.
   (2) Prevent the examining committee established by the State Board
of Forestry and Fire Protection, pursuant to Section 763 of the
Public Resources Code, from conducting a closed session to consider
disciplinary action against an individual professional forester prior
to the filing of an accusation against the forester pursuant to
Section 11503.
   (3) Prevent an administrative committee established by the State
Board of Accountancy pursuant to Section 5020 or 5020.3 of the
Business and Professions Code from conducting a closed session to
consider disciplinary action against an individual accountant prior
to the filing of an accusation against the accountant pursuant to
Section 11503.  Nothing in this article shall be construed to prevent
an examining committee established by the Board of Accountancy
pursuant to Section 5023 of the Business and Professions Code from
conducting a closed hearing to interview an individual applicant or
accountant regarding the applicant's qualifications.
   (4) Prevent a state body, as defined in Section 11121.2, from
conducting a closed session to consider any matter that properly
could be considered in closed session by the state body whose
authority it exercises.
   (5) Prevent a state body, as defined in Section 11121.7, from
conducting a closed session to consider any matter that properly
could be considered in a closed session by the body defined as a
state body pursuant to Section 11121, 11121.2, or 11121.5.
   (6) Prevent a state body, as defined in Section 11121.8, from
conducting a closed session to consider any matter that properly
could be considered in a closed session by the state body it advises.

   (7) Prevent the State Board of Equalization from holding closed
sessions for either of the following:
   (A) When considering matters pertaining to the appointment or
removal of the Executive Secretary of the State Board of
Equalization.
   (B) For the purpose of hearing confidential taxpayer appeals or
data, the public disclosure of which is prohibited by law.
   (8) Require the State Board of Equalization to disclose any action
taken in closed session or documents executed in connection with
that action, the public disclosure of which is prohibited by law
pursuant to Sections 15619 and 15641 of this code and Sections 833,
7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651, 45982,
46751, 50159, 55381, and 60609 of the Revenue and Taxation Code.
   (9) Prevent the California Earthquake Prediction Evaluation
Council, or other body appointed to advise the Director of the Office
of Emergency Services or the Governor pursuant to Section 8590
concerning matters relating to volcanic or earthquake predictions,
from holding closed sessions when considering the evaluation of
possible predictions.
   (g) This article shall not prevent either of the following:
   (1) The Teachers' Retirement Board or the Board of Administration
of the Public Employees' Retirement System from holding closed
sessions when considering matters pertaining to the recruitment,
appointment, employment, or removal of the chief executive officer or
when considering matters pertaining to the recruitment or removal of
the Chief Investment Officer of the State Teachers' Retirement
System or the Public Employees' Retirement System.
   (2) The Commission on Teacher Credentialing from holding closed
sessions when considering matters relating to the recruitment,
appointment, or removal of its executive director.
  SEC. 10.  (a) The statutory changes made by the act adding this
section to Sections 60640, 60641, 60643, and 60644 and the repeal by
this bill of Section 60646 do not apply to the testing program
conducted in 1999 and authorized pursuant to Article 4 (commencing
with Section 60640) of Chapter 5 of Part 33 of the Education Code.
   (b) Notwithstanding Chapter 78 of the Statutes of 1999, Sections
60640, 60641, 60643, 60644, and 60646, as those sections existed on
January 1, 1999, shall govern the testing program conducted in 1999
and authorized pursuant to Article 4 (commencing with Section 60640).

  SEC. 11.  Section 4.5 of this bill incorporates amendments to
Section 60641 of the Education Code proposed by both this bill and AB
144.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2000, but this bill
becomes operative first, (2) each bill amends Section 60641 of the
Education Code, and (3) this bill is enacted after AB 144, in which
case Section 60641 of the Education Code, as amended by Section 4 of
this bill, shall remain operative only until the operative date of AB
144, at which time Section 4.5 of this bill shall become operative.

  SEC. 12.  Section 5.5 of this bill incorporates amendments to
Section 60643 of the Education Code proposed by both this bill and AB
144.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2000, but this bill
becomes operative first, (2) each bill amends Section 60643 of the
Education Code, and (3) this bill is enacted after AB 144, in which
case Section 60643 of the Education Code, as amended by Section 5 of
this bill, shall remain operative only until the operative date of AB
144, at which time Section 5.5 of this bill shall become operative.

  SEC. 13.  This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect.  The facts constituting the necessity are:
   To ensure the orderly operation of the elementary and secondary
schools in the state, it is necessary for this act to take effect
immediately.
